The Justice Department plans to announce more indictments involving cases of Chinese technology theft before the Joe Biden administration takes over in January, top U.S. security officials said. Under the agency’s China initiative (see 2008130036), the U.S. has targeted and arrested Chinese nationals for trying to steal export-controlled technology, an effort that has resulted in more than 1,000 Chinese researchers leaving the country since July, said John Demers, the U.S. assistant attorney general for national security.
Ian Cohen
Ian Cohen, Deputy Managing Editor, is a reporter with Export Compliance Daily and its sister publications International Trade Today and Trade Law Daily, where he covers export controls, sanctions and international trade issues. He previously worked as a local government reporter in South Florida. Ian graduated with a journalism degree from the University of Florida in 2017 and lives in Washington, D.C. He joined the staff of Warren Communications News in 2019.
The Bureau of Industry and Security should apply the “minimal” necessary level of export controls on foundational technologies to prevent impacts on U.S. academic research, universities said in comments to the agency. BIS also should reexamine which technologies it defines as “emerging” because some are already commercially widespread, a British aerospace company said.
As China continues to gain ground in technology competition with the U.S., Congress should pursue more investment and visa restrictions to prevent China from accessing sensitive U.S. technologies, the U.S.-China Economic and Security Review Commission said in a Dec. 1 report. Commissioners said China’s access to U.S. technologies is helping it innovate and export surveillance tools and other advanced technologies globally.
Taiwan wants to continue the momentum from its November economic dialogue with the U.S. to begin negotiating a trade deal and collaborate more on investment screening, Taiwan’s representative to the U.S. said. Bi-khim Hsiao, an official with Taipei’s Economic and Cultural Representative Office, said the island is particularly interested in boosting its screening mechanisms for foreign investments.
The Office of Foreign Assets Control sanctioned the China National Electronics Import & Export Corp. (CEIEC), a Chinese state-owned company that exports advanced technologies and technical expertise globally, OFAC said Nov. 30. The agency designated CEIEC for selling technology, software and training to Venezuelan government entities, which then use the products to bolster the Nicolas Maduro regime’s “malicious cyber efforts.”
The Bureau of Industry and Security expects to roll out a more multilateral approach to export controls under the Joe Biden administration but does not expect any major changes to its China policies or Entity List decisions, a senior Commerce Department official said. The official pointed to the strong bipartisan support among lawmakers for Chinese sanctions and export controls, which likely will continue under a new administration. “I don't see that going away. I think the Hill is engaged. I think at least from what President-elect Biden has announced with his Cabinet, these are folks who are familiar with the national security issues,” the official, who declined to be named in order to speak candidly about BIS, said in an interview last week. “So I don't expect a lot of substantive change.”
While the Joe Biden administration will likely pursue more multilateral sanctions than the Trump administration, industry should not expect the Office of Foreign Assets Control to reverse its yearslong trend of increased sanctions, a former OFAC official and law firms said.
The U.S. and its allies should come to an international agreement on reviewing incoming and outgoing Chinese investment to make sure those deals are not enabling human rights abuses or funding Chinese military and technological advances, said H.R. McMaster, President Donald Trump’s former national security adviser. The Joe Biden administration will have a chance to secure such an agreement if it pursues more multilateral cooperation with allies, McMaster said.
The Commerce Department drafted a rule that would restrict U.S. exports to 89 Chinese and 28 Russian companies with military ties, Reuters reported Nov. 22. The rule, which includes several Chinese aerospace companies such as the Commercial Aircraft Corp. of China Ltd. (COMAC) and the Aviation Industry Corporation of China (AVIC), would build off an April rule that increased license requirements for exports to military end-users and for end-uses in China, Russia and Venezuela, (see 2004270027). The rule contains a list that identifies Chinese and Russian companies that the U.S. considers military end-users, the report said, which require licenses to buy a range of U.S. goods and technologies. If the rule is issued, those licenses will be “more likely to be denied than granted,” Reuters said.
U.S. sanctions under the Trump administration have at times been imposed recklessly, which could permanently alienate allies and lead to less effective sanctions programs, according to a November Atlantic Council report. But the trend can be corrected under the incoming Joe Biden administration, the report said, which should be more patient with its sanctions use, provide a clear “endgame” and strategy for its sanctions programs, and work closer with allies to pressure dangerous actors.